LOW PAY UNIT - ADVICE LEAFLET

Getting a Better Deal

Individuals have a legal entitlement to certain minimum rights at work.

Since 1 October 1998 workers have had the right to limit their working week to 48 hours and receive paid annual leave. From 23 November 1999 this entitlement to paid leave increased to 4 weeks. See our leaflets on Working Time Regulations and Holidays.Since 15 December 1999 workers have had the right to unpaid time off for domestic emergencies and those whose children are born or adopted after this date have had the right to take unpaid parental leave.

From 1 April 1999 workers aged 18 and over (unless in excluded categories) have been entitled to receive at least the National Minimum Wage. The adult rate is currently £4.10 an hour, the youth rate for 18-21 year olds and the development rate are currently £3.50 an hour. See our leaflet on the minimum wage for more information.

Workers also have the right to work in a safe, non-hazardous environment. Visit the Health and Safety Executive website for guidance.

You may get better terms and conditions through your contract of employment. But otherwise getting a better deal remains a matter of negotiation between employer and employee.

The best way to safeguard your interests at work is to join a union. Everyone has the right to join a union, and if enough of your colleagues are members, your employers must recognise the union. Even if your workplace is non-unionised, you can still join a union yourself and get advice. Visit the TUC website to find a list of over 70 unions.

The first step

Get the support of your colleagues before going to see your employer. You are much more likely to be listened to if you act together.

Do your homework

Be well prepared before you meet your employer to discuss your claim. Have plenty of relevant information at your fingertips.

• Gather information on the "going rate" of pay for your type of work, and the benefits that other companies provide (eg. holidays, sickness and maternity payments). Job ads in your local paper or JobCentre will give you an idea of rates paid locally. Talk to friends and acquaintances doing similar work for other firms. Check our Occupational pay rates..

• Depending on the industry you work in, you may be covered by an industry agreement. These agreements are negotiated on a national or local basis between trade unions and employers' associations and set minimum rates of pay for basic hours and overtime, and holiday entitlement. Find out if your employer is a member of an employers' association - if so, s/he is "honour bound" to pay at least these agreed rates.

• If you find other rates are higher than your own, use them as a guide-line to help you assess what level of pay increase you should ask for, and as evidence to show your employer what other companies are paying.

• List your job responsibilities and skills to back up your claim.

• It may be easier to negotiate a regular six monthly or annual pay increase, rather than a substantial one-off pay rise. You could perhaps negotiate an inflation pay rise.

• Approach your employer in a friendly and straightforward manner; be prepared to give and take.

Get it in writing

Make sure any agreement reached is put in writing. This should form part of your written statement of main terms and conditions of employment. You should have been given a written statement within two months of starting work and it should be updated whenever agreed changes are made.

Your written statement should give:

• your name and the name of the employer;
• your place or places of work and employer's address;
• your job title with brief description of work;
• the date employment began, and any previous period of employment which counts as part of continuous employment in that job;
• your rate of pay, or method of calculating it (eg piecework rates) and intervals of pay (weekly, monthly, etc.);
• hours of work, overtime, etc;
• holiday entitlement, including public holidays and holiday pay (and entitlement to holiday pay on termination of employment, to be calculated precisely);
• details of any collective agreements which affect you.

For further information about this statement, see ERAS leaflet Your Written Statement of Terms and Conditions of Employment.

Other written information which must be given, but can be in a separate document, includes sickness or injury terms, pension and pension schemes, notice period, duration of contract if temporary, collective agreements, disciplinary rules etc.

REMEMBER - get it in writing: Make sure any agreement reached is in writing. Verbal agreements are often broken - it will be your word against your employer's. A written agreement is the best proof of your employment terms and conditions.

For further details contact:

ERAS
Low Pay Unit
9 Arkwright Road

London NW3 6AB
Advice line: 020 7431 7385

See our links section for other sources of advice.